1. Add a new authority for school personnel to consider unique circumstances.

School personnel may consider any unique circumstances on a
case-by-case basis when determining whether a change in placement,
consistent with the other requirements of 34 CFR 300.530, is
appropriate for a child with a disability who violates a code of
student conduct. [34 CFR 300.530(a)] [20 U.S.C. 1415(k)(1)(A)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

Given
the wide range of cognitive, learning, and social/emotional issues
presented by students with disabilities, from your stakeholder
perspective, what are some examples of unique circumstances schools
might consider that would influence decision-making regarding a change
of placement for violation of a code of conduct?

What do you see as the intended outcome of this provision?

From
your viewpoint, are the zero tolerance provisions of the Elementary and
/Secondary Education Act (ESEA) and the unique circumstances provision
in the Individuals with Disabilities Education Improvement Act
(IDEA’04) compatible?

Do you
feel that stakeholders, particularly students with disabilities and
families, are currently being informed of the code of student conduct
in your district/school? What processes have either facilitated or
impeded the sharing of this information with all stakeholders?

Do
you believe that the student code of conduct as used with students with
more significant disabilities has been or is being interpreted in a
fair and equitable manner? Please give some examples from your
experience.

Application Questions

What guidelines will be used within your district to determine what unique circumstances are?

Who
are the school personnel who need to be involved in decision-making
relative to this provision? What are the areas of expertise (knowledge
and skills) that these persons will need in order to effectively
implement the special circumstances provision? (i.e., medical health
concerns, mental health concerns, cognitive development)

Often
those who will be subject to the code of conduct consequences are those
who have not been adequately informed. What are the best ways to assure
that stakeholders (especially students with disabilities and families)
are informed of the code of student conduct and the implications
relative to violations?

What do students need in order to follow a school code of conduct successfully?

To effectively support children in following school codes of conduct, what do parents need?

What do teachers and other school personnel need?

What do other supporting agencies need?

How
will the school/district ensure equity and fairness regarding
discipline codes of conduct and the consequences for violations?

What is the role of parents in application of this section of IDEA involving their child?

How
might differences (e.g., specific offenses and consequences) among
schools’ codes of conduct in a district/state impact the application of
this provision?

How will
standards be developed that can be used by hearing officers to
determine acceptable/non-acceptable unique circumstances? How will it
be best to train SEA hearing officers and mediators concerning unique
circumstances?

What best practices can be put into place to resolve disputes prior to involving hearing officers?

These questions were developed by the following stakeholders working together: